FY 2011 NDAA & Legislative Update

July 2010 Navy

by CAPT Ike Puzon, USN (Ret)

AUSN has been busy with hearings and legislative meetings. At a Veterans Service Organization and Military Service Organization roundtable discussion with the Speaker of the House, we had a chance to advance our legislative agenda. RADM Coane spoke on behalf of AUSN key veterans’ legislative issues: protection of TRICARE, implementation of TRICARE Standard for “Gray Area” Retirees, veterans’ jobs, and veterans’ status for certain retirees.

We attended the following meetings: the initial meeting for the 60th Anniversary of the Vietnam War, initial meeting of the Quadrennial Review of Military Compensation, United Nations Law of the Sea Treaty meetings, and a multitude of Senate and House hearings. We provided testimony in support of Navy and Navy Reserve at a Senate Appropriations Committee – Defense public hearing in support of an increased Navy shipbuilding plan, acquisition of F/A & 18 E/F Growlers, C-40As and an increased Navy Reserve National Guard and Reserve Equipment Account.

The House has passed their version of the FY 2011 NDAA. The Senate Armed Services Committee (SASC) completed action on the FY 2011 NDAA.

The SASC completed drafting its version of the FY 2011 Defense Authorization Bill. The SASC, by a vote15-12, approved a provision that would take the first controversial step toward repealing DoD’s “don’t ask, don’t tell” policy. It appears that both the House and the Senate are headed toward ignoring the SECDEF Review Board and the Service Chiefs. Please see our Web site www.ausn.org as we have written several letters on this issue. Another shock was that the SASC endorsed the Pentagonproposed 1.4% military pay raise rather than the 1.9% raise endorsed by AUSN, the entire TMC and NMVA, and approved in the House defense bill. Armed Services Chairman Carl Levin (D-MI) said that the Committee is still considering an additional targeted pay raise for certain grades in lieu of an across-the-board increase.

AUSN strongly supports the 1.9% raise endorsed by the House! When the country is at war and asking service members and their families for the greatest sacrifices in more than a half-century, a 1.4% raise (the smallest in nearly 50 years) sends the wrong message.

Other important initiatives in the SASC FY 2011 NDAA bill include:

• Continued TRICARE coverage for dependents of military beneficiaries until age 26 if they have no employer coverage.
• A monthly stipend for caregivers of wounded warriors still on active duty, similar to what is authorized by the VA for caregivers of disabled veterans.
• Prohibition of administrative separation based on medical conditions deemed by an evaluation board as not rendering the member unfit for duty.
• Travel and transportation allowances for service members and up to three designees per member to attend Yellow Ribbon Reintegration Program events.
• Prohibition of any inpatient TRICARE copay increase through FY 2011.
• Requirements for improved and consistent pre- and post-deployment cognitive assessments and a report on cognitive rehabilitation therapy for troops suffering from traumatic brain injury.
• Requirement for a DoD plan to “enhance quality, efficiency, and savings within the military health care system.”
• Requirements for an advisory panel on community support for military families with special-needs children and a report on DoD programs and child care for such children.
• Authority for services to pay replacement value for goods damaged during PCS moves if reimbursement isn’t available from the carrier, and a report on service members’ out-of-pocket PCS expenses, including overseas shipment of personal vehicles.
• Requirement for a GAO review of DoD housing surveys and housing allowance standards.
• Adds $325 million to purchase an additional six F/A-18E/F aircraft to help address a looming shortfall in Navy strike fighter aircraft.
• Provides full funding for a number of Navy programs, including: Carrier Replacement Program, Virginia-class submarine, DDG-1000, DDG-51, Littoral Combat Ship (LCS), LHA(R), Joint High Speed Vessel, Mobile Landing Platform, V-22, and the P-8 maritime patrol aircraft.
• Authorizes $493.0 million to continue development of the Ohio-class replacement program, SSBN(X), to modernize the seabased nuclear deterrent system. Funds fully ($532 million) the Chief of Naval Operations’ readiness-related unfunded requirements for ship depot maintenance, aircraft depot maintenance, and spare parts.

The House approved FY 2011 NDAA version includes the following:

• Authorize a 1.9% military pay raise for 2011 (vs. the 1.4% recommended by the Pentagon).
• Prohibit any TRICARE Prime, Standard or pharmacy fee hikes for FY 2011.
• Allow continued TRICARE coverage for children up to age 26, in return for a premium to be set by the Pentagon.
• Increase Imminent Danger Pay to $260 per month and Family Separation Allowance to $285 per month, both are increases.
• Provide a payment to assist in relocating caregivers of severely wounded warriors.
• Extend TRICARE eligibility to Reservists who receive retired pay before age 60 (by virtue of extra credit for active duty service).
• Direct a review of military specialties available to females.
• Require a GAO review of exceptional family member programs to assure consistency across the Services.
• Require standardization of best practices on pre- and post-deployment assessments for PTSD and traumatic brain injury.
• Reaffirm the sole responsibility of the Secretary of Defense to administer TRICARE.
• Require reports on programs to assist military spouses with education and employment.
• Require a report on service practices of declaring an injured member fit for duty and then separating the member for the same medical reason, which the Committee and AUSN consider inappropriate.
• Extend the $60/month Special Survivor Indemnity Allowance to otherwise-eligible “forgotten widows.”

No Reserve Retirement Retroactive Support:

The Reserve retirement retroactive provision did not make it into either the House or Senate NDAA bill. However, we are pushing key offices for a possible amendment along with other amendments as the bill moves toward consideration by the full Senate and eventually conference on the NDAA.

We will monitor the FY 2011 NDAA closely to advance AUSN legislative agenda through the process. Some of the problems with advancing key legislation agendas at this time are due to overextended US Budget; however, one of the key issues is support for military issues and constant advocacy for military issues.

Budget pressures with a steady decline in Congressional members with military service:

At a time when the US Government has overwhelming budget pressures, the percentage of military veterans in Congress has been declining since it peaked in the late 1960’s with 74 percent. In the 111th Congress, there are 121 Members who have served in the military. Today, in the 111th Congress, only 25 percent of US Senators and 22 percent of US Representatives have served in the military. These Members served in all major conflicts from World War II to Afghanistan and Iraq. The lack of military service does not mean we do not have strong supporters of military issues. It does mean we have to work harder to educate members of Congress and staffs on the issues and the needs of our military.

The number of veterans in the 111th Congress reflects the trend of a steady decline in the number of Members who have served in the military. Education on the military is a monumental task but it is important for our Navy and the national security of the United States.

Some Key Remaining Issues/Bills/ Legislation:

The “Gray Area” Retiree TRICARE program, passed in the FY 2010 NDAA, is called the TRICARE Reserve Retiree (TRR) program. We have written to DoD and to OMB to get this program implemented. The projected time of release was 1 Oct. 2010; however, there appears to be an unwarranted slowdown. We understand that OMB is considering the “initial final rule” on implementation, which means OMB has to sign off on what DoD (TMA) recommended; then, the program can move forward. We have asked the Secretary of Defense and Director of OMB to finalize their decisions so the program can move forward.

Improving claims processing and adjudication has been a constant concern. The delays are growing. The Administration has increased the budget for hiring additional claims adjusters to deal with new GI Bill claims, disability claims, and three new presumptive illnesses due to exposure to Agent Orange; Parkinson’s disease, ischemic heart disease and B-cell leukemia. There are nine other presumptive diseases for veterans related to exposures in Southwest Asia during the current Gulf War. With increased claims, the claims backlog is getting longer. VA should be working through these claims in a faster pace with the increase in funding. We strongly support improved benefits processing through additional staff, improved training, and expanded technology.

H.R. 208, S. 644, S. 831 are all bills to allow those members of the Guard and Reserve that where activated after 2001 access to reduced Reserve retirement for each 90 days they were mobilized and deployed, which was authorized in the FY 2008 NDAA. Congressman Wilson (R-SC), H.R. 208; Senator Kerry (D-MA), S. 831; and Senator Chambliss (R-GA), S. 644 all attempted to push a retroactive bill that would allow those members (approximately 500,000 service members) to be eligible for the early Reserve retirement provision. This retroactive provision may be offered as an amendment when the Senate considers the NDAA. We ask all readers to write, e-mail, or call your Senators to support the passage of S. 644. We ask AUSN and friends to go to our Web site: www.ausn.org to contact your Congressional members to support any bill or issue, or contact ike.puzon@ausn.org.